Where a man participating in a TASER training session was struck in the eye when another class participant missed his target, the injured man can assert a negligence claim against the instructor who set up, implemented and executed the training ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Negligence

Where a daughter of a man who died of carbon monoxide poisoning at his city-owned apartment alleged the city elected to apply its carbon-monoxide detector policy only to privately owned apartments, understaffed its inspectors and personnel, operated a non-uniform repair ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Negligence

Where a homeowner sued Lowe’s after its plumber allegedly installed a hot water heater “improperly,” but he failed to show any damage, injury or loss that was caused by the allegedly wrongful conduct, Lowe’s prevailed on the claim. Background On ...

Tagged with: Judge Norman K. Moon Negligence U.S. District Court - Western District

Where an employer hires an independent contractor to “perform or execute any work which is a part of his trade, business or occupation and contracts” the South Carolina Workers’ Compensation Law treats the contractor as if “the work[er] had been ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Pamela A. Harris Negligence

Where correctional officers moved for summary judgment against claims of gross negligence, willful and wanton negligence and deliberate indifference filed by the family of a detainee who experienced chest pains that ultimately resulted in his death, but there were inconsistences ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

Where a doctor had maintained an active clinical presence in the defendant’s specialty, and had performed the contested procedure in the past, he satisfied the active clinical practice requirement to be qualified as an expert witness in Virginia. Background This ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

Where the automobile accident giving rise to the suit occurred in Alabama; the plaintiff and nonparty witnesses were all in Alabama and Alabama law likely applied to the matter, the suit was transferred to the Northern District of Alabama. Background ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where a student sued Liberty University for its alleged negligence in her alleged rape and assault by another student, the negligence claim was dismissed. The court found no Virginia case law that has recognized a duty owed by a university ...

Tagged with: Judge Norman K. Moon Negligence U.S. District Court - Western District

Where a company that allegedly conveyed the same land to two different buyers argued that one buyer had an independent duty to search the title records and report any title defects prior to accepting the deed, its argument was rejected. ...

Tagged with: Judge T.S. Ellis III Negligence U.S. District Court - Eastern District

Where a woman filed a complaint that appeared to challenge actions taken by the defendant before and/or after the death of her daughter, but she failed to plead facts showing diversity jurisdiction, her complaint was dismissed. Background Anita Maria McCoy’s ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District